I 

118TH CONGRESS 

2D SESSION H. R. 8985 

To provide for certain conditions on the enforcement of surrogacy contracts. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 10, 2024 

Mr. OGLES (for himself, Mr. GOSAR, Mr. PENCE, Mr. SELF, Mr. BIGGS, Mrs. 

MILLER of Illinois, Mr. PALMER, Mr. DUNCAN, Mr. LAMBORN, Mr. 

STEUBE, Mr. MOORE of Alabama, Mr. MOONEY, and Ms. BOEBERT) introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL 

To provide for certain conditions on the enforcement of 

surrogacy contracts. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Preventing Forced 

5 Abortions Act of 2024’’. 

6 SEC. 2. IN GENERAL. 

7 A Federal court— 

8 (1) may not enforce any provision in a 

9 surrogacy contract that requires the surrogate mothVerDate Sep 11 2014 07:09 Aug 14, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8985.IH H8985

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1 er to have an abortion at the request of any in2 tended parent, party to a surrogacy contract, or 

3 agent of any party to a surrogacy contract; and 

4 (2) shall enforce any clause requiring the pay5 ment of a surrogate mother of any compensation 

6 agreed to in a surrogacy contract, notwithstanding 

7 any provision that requires the surrogate mother to 

8 have an abortion at the request of any intended par9 ent, party to a surrogacy contract, or agent of any 

10 party to a surrogacy contract, including any provi11 sion providing for— 

12 (A) liquidated damages based on a refusal 

13 to get an abortion; 

14 (B) reduction of payment based on a re15 fusal to get an abortion; or 

16 (C) otherwise requiring the surrogate 

17 mother to have an abortion at the request of 

18 any party or agent of any party to a surrogacy 

19 contract. 

20 SEC. 3. JURISDICTION OF THE COURTS. 

21 (a) IN GENERAL.—Chapter 85 of title 28, United 

22 States Code, is amended by adding at the end the fol23 lowing: 


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1 ‘‘§ 1370. Surrogacy contracts 

2 ‘‘The district courts shall have original jurisdiction 

3 of all civil actions where the matter in controversy is a 

4 surrogacy contract (as such term is defined in section 4 

5 of the Preventing Forced Abortions Act of 2024) in or 

6 affecting interstate or foreign commerce.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 for such chapter is amended by adding at the end the fol9 lowing: 

‘‘1370. Surrogacy contracts.’’. 

10 SEC. 4. DEFINITIONS. 

11 In this Act: 

12 (1) The term ‘‘intended parent’’ means any in13 dividual who is a party to a surrogacy contract and 

14 who is the party who will take permanent custody of 

15 a child born pursuant to such contract. 

16 (2) The term ‘‘surrogacy contract’’ means an 

17 agreement setting forth the terms and conditions for 

18 the conception and birth of a child to a female with 

19 the intent of all parties being that such child shall 

20 immediately thereafter enter into the permanent cus21 tody of another individual. 

22 (3) The term ‘‘surrogate mother’’ means a fe23 male who is a party to a surrogacy contract and who 

24 is the party who will bear the child pursuant to such 

25 contract. 


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1 (4) The term ‘‘female’’ means an individual who 

2 has, had, will have, or would have, but for a develop3 mental or genetic anomaly or historical accident, a 

4 reproductive system that at some point produces, 

5 transports, and utilizes eggs for fertilization. 

6 (5) The term ‘‘abortion’’ means the use or pre7 scription of any instrument, medicine, drug, or any 

8 other substance or device— 

9 (A) to intentionally kill the unborn child of 

10 a woman known to be pregnant; or 

11 (B) to intentionally terminate the preg12 nancy of a woman known to be pregnant, with 

13 an intention other than— 

14 (i) after viability to produce a live 

15 birth and preserve the life and health of 

16 the child born alive; or 

17 (ii) to remove a dead unborn child. 

Æ 


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